Article

Financing the Next Silicon Valley

Silicon Valley’s success has led other regions to attempt their own high-tech transformations, yet most imitators have failed. Entrepreneurs may be in short supply in these “non-tech” regions, but some non-tech regions are home to high-quality entrepreneurs who relocate to Silicon Valley due to a lack of local financing for their start-ups. Non-tech regions must provide local finance to prevent entrepreneurial relocation and reap spillover benefits for their communities. This…
Article

Complimentary Discrimination and Complementary Discrimination in Faculty Hiring

Angela Onwuachi-Willig
This Article focuses on one form of discrimination in faculty hiring. Specifically, this Article concentrates on discrimination against the “over qualified” minority faculty candidate, the candidate who is presumed to have too many opportunities and thus gets excluded from faculty interview lists and consideration. In so doing, this Article poses and answers the question: “Can exclusion from interviewing pools and selection based upon the notion that one is just ‘too…
Article

The Procedural Foundation of Substantive Law

Thomas O. Main
The substance-procedure dichotomy is a popular target of scholarly criticism because procedural law is inherently substantive. This article argues that substantive law is also inherently procedural. I suggest that the construction of substantive law entails assumptions about the procedures that will apply when that substantive law is ultimately enforced. Those procedures are embedded in the substantive law and, if not applied, will lead to over- or under-enforcement of the substantive…
Note

Left Behind: The Paternalistic Treatment of Status Offenders Within the Juvenile Justice System

Julie J. Kim
Note

Administrative Monopoly and China’s New Anti-Monopoly Law: Lessons from Europe’s State Aid Doctrine

Jacob S. Schneider
Commentary

The Case for Employee Referenda on Transformative Transactions As Shareholder Proposals

This proposal would amend the bylaws to provide for a non-binding employee vote on any merger, acquisition, or other corporate combination on which the shareholders are also entitled to vote. The purpose of the referendum is to provide shareholders with information regarding the employees’ views on the transaction. Employees are in the midst of the day-to-day business of the company. Their repository of knowledge is a resource to be tapped,…